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for: ‘August, 2013’

August 2013

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Safeguarding Client Property: The Challenges of the Intangible

Handling client property has become significantly more challenging in the digital age as electronic property requires new ways of labeling, identification, and preservation, not to mention that it can exist in several places at the same time. n the good old days of physical property, life was simple.  The stagecoach would drop off a box […]

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Risk-Shifting Indemnity Agreements in Construction: Are They Finally Demolished?

Minnesota legislation that took effect August 1 seems to have been intended to curtail contractors’ ability to shift their risk of loss for defective construction.  But late amendments to the legislation, including an undefined term “project-specific insurance,” leave uncertain whether the legislative intent has been realized. rior to 1984, contractors involved in building-construction projects could […]

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Alleging Diversity Jurisdiction: Pleading on Information & Belief

The uncertain citizenship of LLCs means counsel frequently must allege subject matter jurisdiction based on information and belief, an approach that meets with mixed success in the District of Minnesota.  In the interests of equity and efficiency, opposing parties should be required to respond to such allegations by confirming or denying their citizenship. For more […]

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Disciplinary Recidivism

Since the start of 2010, 121 attorneys1 have been publicly disciplined by the Minnesota Supreme Court (as of July 3, 2013).  Twenty-five of these lawyers had been publicly disciplined previously.  An additional 41 of them had been privately disciplined previously.2  Fifty-five lawyers (45%), therefore, had never been disciplined prior to receiving public discipline. As these […]

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Enlivening a Vital Partnership

I am proud to be a member of the MSBA because of the efforts it makes to be a vital partner for attorneys statewide.  But, as you will read below, I do have some questions and I hope you will consider responding. Statewide Reach The MSBA’s statewide reach was really brought home for me this spring […]

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Driving Record

The adverse impact of a negative driving record on a person’s employment was underscored earlier this year in a ruling of the court of appeals overturning a lower court order to reinstate a discharged military veteran. In Maire v Ind. Sch.Dist. #191, (Burnsville), 2013 WL 1705043 (Minn. App. 2013) (unpublished), the Minnesota Court of Appeals  […]

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Identity Theft

Like anyone else, attorneys may be vulnerable to identity theft and may be the more targeted by virtue of the client property and information they hold in trust.  To prevent identity theft, be a watchdog: Guard your financial information. Don’t give out your Social Security number, credit card numbers, bank account numbers, or any other […]

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